How to Create a General Partnership in Alaska | A Complete Guide

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Create a General Partnership in Alaska

If you would like to create a general partnership in Alaska, there are a few guidelines that you should understand. A general partnership is one of the things that a businessman considers since it comprises two or more entities to carry on a trade or business. Each partner contributes money, property, labor, or special skills, and each partner shares in the profits and losses from the business. You can start an LLC in Alaska for your general partnership to personally carry potentially unlimited liability.

Knowing about the general partnerships will benefit you and several partners, making you form your business properly. If you want to know more about the general partnership, follow our steps to Create a General Partnership in Alaska.

Webinarcare Editorial Team will help you create with thorough research and market study. Before starting a general partnership in Alaska, you must be guided by all the factors we have gathered in this article.

Steps in Creating a General Partnership in Alaska

What is General Partnership in Alaska?

A general partnership in Alaska is a business structure where two or more individuals come together to establish a business and agree to share the profits, losses, and management responsibilities. Each partner contributes skills, resources, and capital to the business and makes decisions collaboratively. In a general partnership, partners have unlimited personal liability for the debts and obligations of the business, meaning their personal assets can be used to cover any debts or liabilities incurred by the partnership. This type of business structure is relatively simple to form and offers flexibility in decision-making and management but lacks the legal protection of limited liability offered by other structures like Alaska Corporations or limited liability partnerships.

It is recommended that you consult to Alaska Business Attorney before beginning the process of forming your general partnership. They will understand what is best for you and your company. To shield your personal assets from corporate debts, you can always Start an LLC in Alaska rather than a general partnership.

– WEBINARCARE EDITORIAL TEAM

Example of a General Partnership

An example of a general partnership could be a small marketing agency created by two friends, Shane and Jane. Shane has a background in graphic design, while Jane has experience in digital marketing strategies. They decide to join forces and create a marketing agency that offers clients a combination of their expertise.

Shane and Jane contribute their skills, resources, and capital to start the business. They agree to share the profits, losses, and management responsibilities. Both partners actively participate in the agency’s day-to-day operations, making decisions and working with clients collaboratively.

In this general partnership, Shane and Jane have unlimited personal liability for any debts or obligations incurred by their marketing agency. If the agency faced financial difficulties, both partners’ personal assets could be used to cover the debts. However, the simplicity and flexibility of the general partnership structure allow them to manage and grow their business together easily.

Individuals looking to collaborate and numerous service providers have chosen general partnerships as their preferred business entity. That’s frequently because of its simple design, low price, and simplicity of setup. Some general partnership examples include: 

  • Providing Professional Services (architectural firms, medical clinics, etc.)
  • Selling goods at retail 
  • Opening a restaurant
  • Alaska Business Consulting

General partnerships are also formed by partners who are spouses or other family members who want to operate a business together.

Steps in Creating a General Partnership in Alaska

To create a general partnership in Alaska, you must follow the guidelines below: choosing a business name, making a partnership agreement, requesting an EIN, getting a license and permit, and opening a bank account. 

Step 1: Choose a Business Name

Naming your business is one of the most important activities during the startup phase, especially if you will form an LLC in Alaska. Your general partnership name serves as the foundation for your brand and is what clients use to connect you to the products or services you offer. Legal procedures should be taken into account when choosing your partnership name. Choose a business name that will enable you to develop a strong brand identity without being hampered by irrelevant factors. 

For example, let’s assume the general partnership focuses on providing eco-friendly landscaping solutions. A potential name for this partnership could be “GreenScape Innovations.” This name highlights the business’s core values (eco-friendly) while also showcasing the industry (landscaping) and the innovative approach the partners aim to bring to the market.

For your to come up with this business name idea, here are some guidelines to consider when choosing a name for a general partnership:

  • Reflect on the Nature of the Business: Choose a name representing your products or services, and communicate your business’s essence to your target audience.
  • Keep it Simple and Memorable: A short, easy-to-pronounce name will be easier for customers to remember and share with others.
  • Make it Unique: Research the names of other businesses in your industry to ensure your chosen name stands out and does not infringe on any existing trademarks or copyrights.
  • Consider the Partners’ Names: Some general partnerships incorporate the partners’ names in the business name (e.g., Smith & Johnson Consulting). However, this approach may only be suitable for some businesses, especially if the names are difficult to pronounce or remember.
  • Test the Name: Share the potential name with friends, family, and potential clients to gather feedback and ensure it resonates with your target audience.
  • Check for Domain Availability: Research the availability of your chosen name as a domain name for your website and on social media platforms to ensure a consistent online presence.
  • Avoid Limiting your Business Scope: Choose a flexible name to accommodate future product or service changes. Avoid using specific locations, product names, or niche markets in the name if you plan to expand or diversify later.
  • Comply with Legal Requirements: Ensure the chosen name complies with any legal requirements or restrictions in your jurisdiction, such as avoiding misleading or offensive terms.
  • Consider Professional Input: Consult with Alaska Business Attorney or trademark specialist to ensure your chosen name is legally sound and can be registered as a trademark if necessary.

By following these guidelines, you can choose a name for your general partnership that is memorable, unique, and effectively communicates your business’s essence.

In addition, most general partnership businesses use the last name of all of their partners.  For instance, if Jennie Kim and Lalisa Manoban enter business together, the partnership name is “Kim & Manoban” by default. However, if you would like to form a business name under something more appropriate, such as “EJI Design and Build,” then you’ll need to File a DBA in Alaska with Alaska Department of Commerce, Community, and Economic Development.

Filing a DBA in Alaska has two methods, online and by mail, which costs around $25. There is five years validity in renewing your DBA. 

In Alaska, if you do not wish to file your general partnership business right away but want to hold the name that you have decided on, then you can reserve your business name for 120 days. You must file a name reservation application in the Alaska Department of Commerce, Community, and Economic Development to keep the name. 

Step 2: Make a Partnership Agreement

After you have chosen a business name for your general partnership, the next step would be making a partnership agreement in Alaska. A partnership agreement is a crucial document that outlines the terms and conditions governing a partnership. It helps to establish a clear understanding of each partner’s roles, responsibilities, and expectations and prevents disputes and misunderstandings.

Additionally, it discusses business management guidelines and potential contingencies that may arise, such as a partner’s passing or a partner’s decision to leave the partnership.

A partnership agreement should include the following:

  • Business name
  • Description of the business
  • Contact information of the business and its owners

Ownership of all business partners, decision-making, capital contribution, profits and distribution, death and disability, and withdrawal and addition of partners is one of the key factors to consider when forming or creating a partnership agreement. In this way, all business partners will understand what this is all about and how to proceed if the mentioned scenarios happen. 

Without a partnership agreement, your company will often be subject to the general partnership default laws of Alaska. The default laws might not be appropriate for your requirements.

Step 3: Request an EIN in Alaska

After completing the partnership agreement, you should get or seek an Employer Identification Number (EIN) in Alaska. An EIN will serve as your general partnership’s tax identification number. The Internal Revenue Service can provide you with an EIN. (IRS). It is a nine-digit number comparable to your Social Security number. EIN, on the other hand, is distinct from SSN. It is exclusively used for business-related operations, such as filing general taxes. The form must be filled out and sent to the IRS website. Obtaining an EIN cost between $30 and $280. 

The application of an EIN in Alaska can be through the following:

  • Apply Online- The Online EIN application is the preferred method for customers to apply for and obtain an EIN.
  • Apply by Fax- Taxpayers can fax the completed Form SS-4PDF application to the appropriate fax number), after ensuring that Form SS-4 contains all of the required information.
  • Apply by Mail- The EIN application Form SS-4 can be filed via mail. The processing time frame to receive the mail is four weeks.
  • Apply by Telephone-International Applicants – International applicants may call 267-941-1099 (not a toll-free number) from 6 a.m. to 11 p.m. (Eastern Time) Monday through Friday to obtain their EIN.

You can benefit in various ways once you obtain your EIN number. It will give your general partnership the final advantage to operate at its full potential without legal or court problems.

Step 4: Get a License and a Permit

You must have Alaska Business License before your general partnership business operates. A business license is a document granted by a government agency that allows you to operate your business in the territory governed by that agency.

To legally operate your partnership, you’ll need a business license. You may need more than one license in Alaska. Numerous general partnership licenses need to be filed and renewed regularly.

In Alaska, the business license fee costs about $50 – $300.

You can check out the United States Business License & Licensing Fee Resources for more information about the costs in Alaska.

Step 5: Open a Bank Account

After filing and receiving your general partnership license, you should open a bank account for yourself, your clients, and your employees.

A US bank account may make your business dealings in Alaska easier because it increases your company’s authenticity and profitability. Most banks require an EIN for firms other than sole proprietorships to open a business account. Keeping separate finances also prevents you from combining personal and professional finances.

If you would like to open a bank account in Alaska, check out the Best Bank for Alaska Small Business.

Pros and Cons of a General Partnership in Alaska

In forming a general partnership in Alaska, there are pros and cons that you may experience. I will list the pros and cons for you to understand why and how a general partnership is crucial. 

Pros of Forming a General Partnership in Alaska

  • Easy and Inexpensive to Form: General partnerships are relatively simple to establish, requiring minimal paperwork and registration costs compared to other business structures like corporations or limited liability companies.
  • Decision-Making: Partners can pool their skills, knowledge, and resources, leading to more efficient and effective decision-making and business operations.
  • Flexibility: General partnerships offer flexibility in management structure, profit distribution, and decision-making processes, allowing partners to customize their business relationships to best suit their needs.
  • Tax Benefits: In most jurisdictions, general partnerships are not taxed as separate entities. Instead, profits and losses are passed through to the partners, who report them on their income tax returns. This avoids the issue of double taxation that affects corporations.
  • Greater Access to Capital: With multiple partners, a general partnership may have increased access to capital and resources compared to a sole proprietorship.

Cons of Forming a General Partnership in Alaska

  • Unlimited Personal Liability: In a general partnership, all partners have unlimited personal liability for the debts and obligations of the business. This means that each partner’s personal assets can be used to cover any debts incurred by the partnership, which can be a significant risk.
  • Potential for Conflicts: As partners share management and decision-making responsibilities, disagreements or conflicts can arise, negatively impacting the business’s operations and success.
  • Limited Lifespan: A general partnership’s existence is often tied to the lives of its partners. The partnership may be dissolved if a partner withdraws, becomes incapacitated, or dies, potentially leading to instability and uncertainty.
  • Difficulty in Raising Capital: While general partnerships may have more access to capital than sole proprietorships, they may still need help raising funds compared to corporations or limited liability companies, as investors may be more hesitant to invest in a business with unlimited personal liability.
  • Lack of Legal Distinction: Unlike corporations or limited liability companies, general partnerships do not have a separate legal identity from their partners, limiting the partnership’s ability to enter into contracts or own property in its name.

When considering a general partnership, weighing the pros and cons and assessing whether this business structure aligns with your goals, risk tolerance, and desired level of management involvement is essential.

Maintain Business License in Alaska

You must maintain or renew your business license regularly now that you have established your general partnership. Make time at least once a year to check the status of your licenses. Then you will get everything important. You can deal with any problems that arise. In Alaska, the business license fee ranges from $50 – $300, and it is renewed annually by December 31st.

Pay Your Taxes in Alaska

Even if you have established your general partnership in Alaska, pay your taxes and keep everything up to date so you won’t pay any penalty. 

Alaska taxes information will help you with what to pay before or during the operation of your professional corporation. You can check out the Alaska Small Business Taxes to further understand why you must pay your taxes on time. 

Can I Convert My General Partnership Into Another Business Entity in Alaska?

By following the appropriate state procedures, you can convert your general partnership into another business entity, such as Alaska Corporation converting to an LLC; or Sole Proprietorship to Alaska LLC. This may involve filing conversion documents with the Alaska Secretary of State’s office and paying any required fees.

FAQs

What is a general partnership in Alaska?
A general partnership in Alaska is a type of business structure where two or more people co-own and manage the business.
How do I form a general partnership in Alaska?
To form a general partnership in Alaska, you need to file a registration with the Alaska Division of Corporations, Business and Professional Licensing.
Do I need to file paperwork to start a general partnership in Alaska?
Yes, you need to file a registration with the Alaska Division of Corporations, Business and Professional Licensing to start a general partnership in Alaska.
What information do I need to provide when registering a general partnership in Alaska?
You will need to provide the names and addresses of all partners, the name of the partnership, and a brief description of the business.
How much does it cost to register a general partnership in Alaska?
The filing fee to register a general partnership in Alaska is $50.
How do I choose a name for my general partnership in Alaska?
Your partnership name in Alaska should not be too similar to an existing business name, and must end in the word “partnership,” “company,” or “corporation.”
Are there any licenses or permits required for a general partnership in Alaska?
Yes, depending on the industry, you may need to obtain state and/or local licenses or permits to operate your general partnership in Alaska.
Can I reserve a partnership name in Alaska?
Yes, you can reserve a partnership name in Alaska for up to 120 days by filing a name reservation request and paying a $25 fee with the state Division of Corporations, Business and Professional Licensing.
How many partners do I need to form a general partnership in Alaska?
You need at least two partners to form a general partnership in Alaska.
Do partners need to live in Alaska to form a general partnership in Alaska?
No, partners do not need to live in Alaska to form a general partnership in Alaska, but the business must have a physical address in the state.
Can an individual be a partner in multiple general partnerships in Alaska?
Yes, an individual can be a partner in multiple general partnerships in Alaska.
How are general partnerships in Alaska taxed?
General partnerships in Alaska are not taxed at the partnership level; instead, profits and losses “flow through” to the partners’ individual tax returns.
Can a general partnership in Alaska hire employees?
Yes, a general partnership in Alaska can hire employees.
What are the liability risks in a general partnership in Alaska?
In a general partnership in Alaska, each partner is personally liable for the partnership’s debts and obligations.
Can a general partnership in Alaska be dissolved voluntarily?
Yes, a general partnership in Alaska can be dissolved voluntarily by written agreement of the partners.
Can a general partnership in Alaska be dissolved involuntarily?
Yes, a general partnership in Alaska can be dissolved involuntarily under certain circumstances, such as partner bankruptcy or death.
Are there any annual requirements for general partnerships in Alaska?
General partnerships in Alaska are required to file an annual report form with the Division of Corporations, Business and Professional Licensing, and to renew their partnership registration every five years.
Can a general partnership in Alaska be converted to an LLC or corporation?
Yes, a general partnership in Alaska can be converted to an LLC or corporation by filing appropriate documentation with the state.
How are management decisions made in a general partnership in Alaska?
Management decisions in a general partnership in Alaska are made collectively by the partners, unless the partnership agreement specifies otherwise.
What happens if a partner dies in a general partnership in Alaska?
If a partner dies in a general partnership in Alaska, the remaining partners must decide how to distribute the deceased partner’s share of the business.
What happens if a new partner wants to join an existing general partnership in Alaska?
If a new partner wants to join an existing general partnership in Alaska, all current partners must agree to allow the new partner to join, and the partnership agreement may need to be amended.
Are there any restrictions on who can be a partner in a general partnership in Alaska?
There are no specific restrictions on who can be a partner in a general partnership in Alaska, but each partner must be authorized to conduct business in the state.
Can a general partnership in Alaska have a written agreement?
Yes, it is highly recommended that a general partnership in Alaska have a written agreement outlining the rights and responsibilities of each partner.
How do partners in a general partnership in Alaska share profits and losses?
Partners in a general partnership in Alaska share profits and losses according to the terms of the partnership agreement.
Can a general partnership in Alaska own property?
Yes, a general partnership in Alaska can own property, but the partnership agreement should describe how the property will be managed and/or sold.
Can a partner be removed from a general partnership in Alaska?
Yes, a partner can be removed from a general partnership in Alaska if all remaining partners agree to the removal and the partnership agreement allows it.
Can a general partnership in Alaska take out loans?
Yes, a general partnership in Alaska can take out loans, but the partners may be personally liable for the repayment of the loan.
What happens if a partner is sued in a general partnership in Alaska?
If a partner is sued in a general partnership in Alaska, the whole partnership can be held responsible for the partner’s actions or debts, unless limited liability is specified in the partnership agreement.
What are the benefits of creating a general partnership in Alaska?
A general partnership in Alaska is easy and inexpensive to create, and partners share the control and decision-making.
What are the requirements to create a general partnership in Alaska?
To create a general partnership in Alaska, you must have at least two partners and file a certificate of partnership with the Alaska Secretary of State.
How do I file a certificate of partnership in Alaska?
You can file a certificate of partnership in Alaska online, by mail, or in person with the Alaska Secretary of State.
How much does it cost to file a certificate of partnership in Alaska?
It costs $50 to file a certificate of partnership in Alaska.
Do I need a business license to create a general partnership in Alaska?
You may need a business license to create a general partnership in Alaska, depending on your business activities and location.
Can I be my own registered agent for my general partnership in Alaska?
Yes, you can be your own registered agent for your general partnership in Alaska, as long as you have an Alaska address.
What is a registered agent in Alaska and do I need one to create a general partnership?
A registered agent in Alaska is a person or entity appointed to accept legal documents on behalf of your business. You must have a registered agent in Alaska to create a general partnership.
Can my general partnership name in Alaska be different from the names of the partners?
Yes, your general partnership name in Alaska can be different from the names of the partners.
Can I reserve my desired general partnership name in Alaska before filing the certificate of partnership?
Yes, you can reserve your desired general partnership name in Alaska for $25 for 120 days.
How do I dissolve my general partnership in Alaska?
You can dissolve your general partnership in Alaska by filing a certificate of dissolution with the Alaska Secretary of State.
How long does it take to form a general partnership in Alaska?
It typically takes 3-5 business days to process your certificate of partnership in Alaska.
Do I need an operating agreement for my general partnership in Alaska?
It is recommended to have an operating agreement for your general partnership in Alaska, although it is not required by the state.
Can foreign partners be a part of Alaska general partnerships?
Yes, foreign partners can be part of an Alaska general partnership as long as they comply with the Alaska Naming Statutes and have an Alaska registered agent.
Who can sign the application for a general partnership in Alaska?
Any partner or authorized representative can sign the application for a general partnership in Alaska.
Can minors be part of a general partnership in Alaska?
Minors cannot be part of a general partnership in Alaska as they cannot legally enter into contracts.
Can a general partnership be a nonprofit in Alaska?
General partnerships cannot be nonprofits in Alaska. You may consider forming a nonprofit corporation instead.
Are general partnerships in Alaska taxed as pass-through entities?
Yes, general partnerships in Alaska are taxed as pass-through entities, meaning that they don’t pay income tax on the business level.
Do Alaska general partnerships need to file a tax return?
No, Alaska general partnerships don’t need to file a tax return. Instead, the partners report their share of the profits or losses on their personal income tax returns.
Can partners in an Alaska general partnership also be employees of the partnership?
Yes, partners in an Alaska general partnership can also be employees of the partnership.
Do partners in an Alaska general partnership have unlimited liability?
Yes, partners in an Alaska general partnership have unlimited liability for the debts and obligations of the partnership.
How can partners in an Alaska general partnership limit their personal liability?
Partners in an Alaska general partnership can limit their personal liability by forming a limited partnership or limited liability partnership.
What is the difference between a general partnership and a limited partnership in Alaska?
In a general partnership in Alaska, all partners have equal control and unlimited liability. In a limited partnership, there are general partners who control the business and have unlimited liability, while limited partners have no control and limited liability.
Can a general partnership in Alaska have only one partner?
No, a general partnership in Alaska must have at least two partners.
Can partners in an Alaska general partnership share profits and losses unequally?
Yes, partners in an Alaska general partnership can agree to share profits and losses unequally as outlined in the partnership agreement.
Can I convert my Alaska general partnership to a different business entity type?
Yes, you can convert your Alaska general partnership to a different business entity type, such as an LLC or corporation.
Can an Alaska general partnership operate under an assumed business name?
Yes, an Alaska general partnership can operate under an assumed business name, otherwise known as a “doing business as” (DBA) name.
How long is an Alaska general partnership valid for?
An Alaska general partnership is valid until it is dissolved by filing a certificate of dissolution with the Alaska Secretary of State.

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Conclusion

A general partnership can be viable for individuals looking to establish a business in Alaska with shared decision-making, management responsibilities, and profits. This type of business structure is relatively simple to establish and offers flexibility in operations. However, it is essential for potential partners to carefully consider the unlimited personal liability aspect of general partnerships, which means that each partner’s personal assets could be at risk to cover any debts or obligations incurred by the business. Before forming a general partnership, the partners should have a clear and well-drafted partnership agreement that outlines the roles, responsibilities, profit-sharing, and dispute-resolution mechanisms to ensure a smooth working relationship and minimize potential conflicts. Partners should also explore other business structures, like limited liability partnerships or corporations, to determine the best fit for their needs and goals.

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